Opinion No. (2004)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE FAIR POLITICAL PRACTICES COMMISSION has requested an opinion on the following question: Is a copy of a private check that was obtained by the Fair Political Practices Commission through issuance of an administrative subpoena during the investigation of a complaint exempt from disclosure under the Public Records Act? CONCLUSION A copy of a private check that was obtained by the Fair Political Practices Commission through issuance of an administrative subpoena during the investigation of a complaint is exempt from disclosure under the Public Records Act. ANALYSIS The Fair Political Practices Commission ("FPPC") is charged with the responsibility of administering the Political Reform Act of 1974 (Gov. Code, §§ 81000-91014; "Act"). 1 In so doing, it may issue administrative subpoenas (§ 83118) in investigating possible violations of the Act's provisions (§ 83115). The question presented for resolution is whether a copy of a private check obtained through the FPPC's issuance of an administrative subpoena is subject to disclosure under the Public Records Act (§§ 6250-6276.48). We…